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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Vicki v First Direct *SETTLED IN FULL*


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I too have worked out that in two years they have charged me £1494.17

Here is a copy of the letter i sent by mail and email

 

Robert Kernaghan - Customer Relations Manager

First Direct

40 Wakefield Road

Leeds

LS51 1FD

 

2 May 2006

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: *****

SORT CODE ****

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 2 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then you will pleased to demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

You concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require

I calculate that you have taken £1494.17 over the last two years.

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment for the above amount.

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours faithfully,

 

 

 

 

I am also writing the same letter to Marbles, Style Financial Services, Capital One and Barclaycard! I will let you know how I get on. any words of encouragement or wisdom will be welcomed!

 

thanks so much ... LETS GET EM - AS they have got us!

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Good look, keep us posted!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Just come back with standard letter

"thank you for your letter requesting £1494.17 bank charges refunded

First direct does not agree that these are unlawful......... etc etc

they said the matter is closed"

 

 

IAM GOING TO EMAIL AND POST LBA!!!!!!!!!

 

Will keep you posted!

 

Thanks

 

:);)

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I'd advise you not to send the LBA until the 14 day deadline you set them has expred, but it is up to you.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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I had already sent the LBA email before I saw the reply, and helpful boyfriend sent the same LBA letter for me early this week, by recorded, any ideas what I should do, should i give them longer than 14 days to respond to the LBA, ie give them 20 days (I posted the LBA 6 days early)? any advice welcomed!

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Its no big deal. Don't worry about it. It doesn't really matter either way, I just prefer to err on the side of caution.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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The consensus is that if they write to you saying "we'll get back to you" you have to give them the full 14 days.

If they send you a sod-off letter, and it doesn't get much more sod-offish than saying the matter is closed, let's face it, you can then send the LBA straight off. Some prefer to still wait until the 14 days are up.

No biggie either way. Breathe. :D

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had the sod off letter, saying they dont agree with my statement that the charges are unlawful, they are saying that the charges are cos I went overdrawn and that I signed up to that and those charges etc when I took my account out with them, they said if they hear nothing more from me within 8 weeks the matter is closed.

 

So I sent them an LBA showing that I think the matter is far from closed!

 

Thanks

 

V

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If I recall correctly, their reply to my LBA had on the closing line something liek "this is our final reply".

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Thanks for your good wishes. Stick with it, you'll get your money back before long....!

  • Confused 1

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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I have had a response to my LBA basically saying still not refunding your money, if you wish to write to the financial ombudsman please do so, here is an enclosed leaflet! etc etc so I will start court proceedings on 20th May, as that is when the LBA deadline is,....

 

Congrats monkey on your win!

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Thanks.

 

You'll have your money by the end of the month.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Sent my LBA and got a reply back saying this is our final repsonse so go to Financial onbusdman etc etc, the dealine for the LBA was Saturday so I am going to the Money claim website this morning will let you knoe where I get to.... just to be clear, is this where I work out the daily interest and include that to the court costs etc?

 

Thanks

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PM them to me if you want.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 2 weeks later...
  • 3 weeks later...

Hi

well done

 

Out of interest did they close your account.

 

 

Looking forward to hearing from you

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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I sent the standard letter asking for payment in full of my charges in the last 6 years.First Direct had replied within a week offering a full refund whilst not accepting any liability.They didnt even close the account.It was only £160.00 which may be why it was so easy,they basically said they thought they would win in court but it wasnt worth time and cost bothering!

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hi Vicki

 

Congrats on settling your claim!!

 

i'm in the prcoess of filling in the moneyclaim.gov thingy. do you have any advice. in particualr that i'm a bit worried about filling in all the forms that i may put something that will result in it all going wrong and me incurring charges. what kind of thing did you put for the Particulars of claim. is there any other forms to fill in after the main moneyclaim set up or is it a case of sitting back and waiting to see what the bank does?:confused:

Please sign this petition - Asking for the government to drop the length of time credit ref agencies can hold data on us!!

 

http://petitions.number10.gov.uk/CreditRA/

 

:smile::p:rolleyes:

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